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All Journal At-Taradhi: Jurnal Studi Ekonomi EQUILIBRIUM Alhadharah: Jurnal Ilmu Dakwah Jurnal Studia Insania Khazanah: Jurnal Studi Islam dan Humaniora Tasharruf: Journal Economics and Business of Islam Equilibrium: Jurnal Ekonomi Syariah Mu'adalah: Jurnal Studi Gender dan Anak TATHO: International Journal of Islamic Thought and Sciences Al-Hayat: Journal of Islamic Education
Restu Khaliq, Restu
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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Journal : TATHO: International Journal of Islamic Thought and Sciences

 1 
Reinterpreting The Concept of Nusyuz From The Perspective of Islamic Family Law Hermeneutics Ubaidillah, Ubaidillah; Khaliq, Restu
TATHO: International Journal of Islamic Thought and Sciences Volume 2, Issue 4 (2025)
Publisher : International Tatho Academics

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70512/tatho.v2i4.140

Abstract

The concept of nusyuz in classical fiqh perspectives is often interpreted as a form of wife's defiance against her husband. This interpretation not only reflects the dominant patriarchal view of the past, but also has a significant impact on the formation of family law norms in various modern Muslim societies today. The purpose of this research seeks to reinterpret the concept of nusyuz in the construction of modern society. This qualitative research in the form of a literature study uses a descriptive-analytical approach. The research data used scientific literature related to the reinterpretation of the concept of nusyuz. Hermeneutic theory is used as the basis for perspective. Data were obtained using documentation techniques. Data analysis uses data reduction, presentation, and verification. The results concluded that in a hermeneutic perspective, the condition of the increasing role of women in the public sphere in the construction of modern society has led to changes in family structure, so it is important to reinterpret the concept of nusyuz to be more relevant to the needs of the times and in line with the principles of universal justice promoted by Islamic law. This research contributes to the importance of a contextual understanding of the concept of nusyuz to not only be understood from the normative side, but also from a socio-historical perspective
Plurality of Inheritance Legal System for Indonesian Muslims: A Sociological Review Idary, Muhammad Tsaqib; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad; Khaliq, Restu
TATHO: International Journal of Islamic Thought and Sciences Volume 1, Issue 4 (2024)
Publisher : International Tatho Academics

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70512/tatho.v1i4.55

Abstract

This qualitative study aims to identify the sociological construction of the implementation of legal principles in the inheritance system in Indonesia and its relevance to the Islamic inheritance system. The theory of receptio a contrario and the theory of structural functionalism as a legal sociology perspective are used to see how social construction is related to the implementation of the principle of justice, the principle of freedom of will, and the individual principle in the implementation of the inheritance system in a plural Indonesian society. This study finds the construction of social relations related to legal principles in the implementation of the national inheritance system with Islamic inheritance in Indonesia. The relational construction of these principles leads to the implementation of harmony between the implementation of the national inheritance legal system and the Islamic inheritance system so that both can run in an orderly and well-integrated manner. This study confirms that in sociological construction, the relationship between the principle of law enforcement and the social and cultural values of society cannot be dichotomized.
Co-Authors Agus Purnomo Akhmad Sagir, Akhmad Andini, Yokke Armiah Armiah Asyahri, Yusuf Auliaramadhan, Nathasyanaza Gazali H B, Ahmad Haris Faulidi Asnawi Herlita, Jumi Idary, Muhammad Tsaqib Jannah, Raihanatul Khairunnisa Mukhlas, Oyo Sunaryo Nurwijayanti Raden Yani Gusriani, Raden Yani Rohama, Mardhiatin Nisa ROHANA FARIDAH Saebani, Beni Ahmad Sholeh, Makherus Siti Fatimah Ubaidillah Ubaidillah